The appeal by the prosecutor is dismissed.

1. The summary of the grounds for appeal (e.g., a fine of KRW 7 million) in the original judgment is deemed to be too uneasible and unfair.

2. The instant crime committed by the Defendant, while driving a vehicle, caused a traffic accident by negligence while neglecting his duty of care, resulting in the death of the victim. In light of the degree of the Defendant’s negligence and the result of the crime, the criminal liability is heavy.

However, in full view of all the sentencing conditions, including Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, etc., it is unreasonable to deem that the sentence of the court below is too too unreasonable to the extent that the sentence of the court below is reversed, in light of the following: (a) the Defendant has no record of committing a crime in Korea; (b) the Defendant has agreed smoothly with the bereaved family members; (c) the Defendant’s vehicle is covered by a comprehensive insurance policy; and (d) the victim’s negligence on the part of the Defendant driving Batoba without wearing a safety appearance.

3. The final appeal by the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the final appeal by the prosecutor is groundless. It is so decided as per Disposition